Critical Legal Studies and the Rule of Law

Abstract

The World Justice Project publishes a “Rule of Law” Index. For 2016 the nations with the highest scores were Denmark, Norway, and Finland. Germany outranked Singapore, which in turn outranked the United States. Russia and Ecuador were tied at the relatively low 45th position, but both were above Bolivia (104) and Venezuela, which came in dead last. The Index attempts to measure compliance with what its sponsors identify as “universal principles of the rule of law.” These are that “[t]he government and its officials and agents as well as individuals and private entities are accountable under the law,” that “laws are clear, publicized, stable, and just, are applied evenly, and protect fundamental rights, including the security of persons and property,” that “[t]he process by which the laws are enacted, administered, and enforced is accessible, fair, and efficient,” and that “[j]ustice is delivered by competent, ethical and independent representatives and neutrals who are of sufficient number, have adequate resources and reflect the makeup of the communities they serve.”1 Some of these universal principles replicate in other terms Lon Fuller’s famous list of elements of the rule of law; others go beyond Fuller’s minimum requirements.